What Is The Process Of Filing A Personal Injury Claim After A Bicycle Accident In Phoenix, AZ?

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April 16, 2018

Bicycle accidents occur quite frequently in Phoenix, AZ. The incidence rate of a bicycle accident is lower in areas where there are exclusive bicycle lanes as compared to those which don’t. However, even with bicycle lanes, a bicycle accident is not a novelty. It has been observed that drivers of cars, SUVs, vans, trucks, and buses find it difficult to share the road with cyclists. Victims of a bicycle accident can file a personal injury claim to get compensation for any injuries that they may have sustained and/or any property damage.

Causes of a Bicycle Accident

Some of the most common causes of a bicycle accident include:

Absence of separate bicycle lanes

Speeding

Distracted driving

Drunk or intoxicated driving

Too much traffic

Poor weather conditions

Poor lighting

Failure to obey traffic laws

Personal Injury Claim after a Bicycle Accident

Bicycle accidents can often result in very serious injuries for the cyclists. That is mainly because a bicycle does not offer the same kind of protection to the cyclist compared to a car or a truck. When a larger vehicle hits a bicycle, the resulting injuries can be quite severe. Over the years, bicycle accident victims have reported different types of physical injuries including fractures, abdominal injuries, chest pain, head trauma, facial trauma including eyes, lacerations, etc.

Sometimes, the bicycle accident occurs because drivers of other vehicles are negligent or distracted. Other times, the cyclist may fail to obey the rules of the road which could cause the accident. The problem with bicycle accidents is that other drivers always seem to put the blame on the cyclist claiming that they appeared out of nowhere or that they weren’t in their lane or that they broke a red light. Insurance companies use these claims to minimize the amount they have to pay to the cyclist in case of a personal injury claim.

The fact is that many times, other drivers do not give cyclists the right of way. It is a general assumption that it is the cyclist who will stop and not the other way around. This inability to share the road can cause accidents. A cyclist that has sustained serious injuries in Phoenix, AZ can file a personal injury claim. They can claim compensation for the following:

Medical expenses which could include any expenditures for doctor appointments, surgical procedures, hospitalization, prescription medicines, diagnostic tests, rehabilitation and any other long-term treatment.

Lost wages which could include any earnings lost due to missed work days as well any loss in earnings due to the inability to do the same work or work the same number of hours as before the bicycle accident.

Disability benefits could include any losses that the victim incurs due to a temporary or permanent disability that resulted from the accident.

Pain and distress which could include any emotional trauma and stress that the patient had to bear because of the injuries they sustained, changes in their personal and family life, the financial challenges they faced and any professional barriers they had to deal with because of their injuries.

If the accident was not the fault of the cyclist, the cyclist could file a personal injury claim to recover the damages mentioned above. Since Phoenix, AZ follows the traditional fault system when it comes to evaluating accidents; the cyclist will have to produce evidence that can prove that the accident was the other party’s fault.

Phoenix, AZ also follows the principle of pure comparative negligence. As per this rule, each party involved in the accident is liable for their fault. If the driver was 80% at fault and the cyclist was 20% at fault, the driver is liable to pay the cyclist 80% of the damages they claim. The philosophy behind comparative negligence is that if multiple parties are involved in causing an accident, they all should be held accountable for their role. In this way, the justice is fair for everyone involved.

Legal Counsel in Phoenix, AZ

If you were involved in a bicycle accident in Phoenix, AZ, you could file a personal injury claim. You can contact our personal injury lawyers at Warnock Mackinlay Law. Our legal team understands that for cyclists, there are many hazards on the road including other vehicles, pedestrians, and road hazards. We also realize that bicycles have less protection compared to cars and other larger vehicles and can sustain serious injuries. We want to make sure you get the compensation you deserve and are able to recover the losses you incur when you are being treated for your injuries. Call us today, and our lawyers will be happy to assist you.

Avondale

DISCLAIMER: The materials contained in this website are for informational purposes and are not to be considered advertising or legal advice. This information is not intended to create, and receipt of it does not constitute or create, an attorney-client relationship between this firm and/or any lawyer in this firm with any reader or recipient of this information. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Do not send us confidential information until you speak with us and get authorization to do so. Any reference or link to a third party found on our internet site is not an express or implied endorsement by us to that third party or the information provided.
Attorney Nathaniel B. Preston at Warnock MacKinlay Law, formerly Warnock, MacKinlay & Carman.

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*While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call or complete the form here.

*While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call or complete the form here.